Toowoomba man Dylan MacDonald seeks bail over alleged drug, traffic, weapons offences

A man accused of causing a crash on the Warrego Highway claimed police mistook his legal toy gun for a dangerous firearm.

Dylan Stewart MacDonald appeared before Toowoomba Magistrates Court on Monday December 16 seeking bail after being charged with more than 25 offences. Picture: File

A Toowoomba man claimed police mistakenly charged him with weapon offences after finding his toy gun, a court has heard.

Dylan Stewart MacDonald, 31, appeared before Toowoomba Magistrates Court on Monday December 16 seeking bail after being charged with more than 25 offences.

The Toowoomba man is alleged to have driven recklessly, causing a crash that put himself and another in hospital with minor injuries, in August this year.

He is also accused of multiple drug, dishonesty and weapons offences including possession of a handgun, and possession of methamphetamine.

Solicitor Paige Hetherington of Skuse Graham Criminal Lawyers said Mr MacDonald could have his weapon charges reduced after he advised her the gun found was actually a toy gel blaster.

“Those charges that relate to weapons, my instructions are it isn’t a firearm, it is a gel blaster,” Ms Hetherington said.

Ms Hetherington said she was unable to verify the claims as police were yet to complete a weapons authenticity certificate or provide images of the seized item.

“There is going to be an inevitable delay in determining whether or not they are in fact gel blasters … that weapon certificate is not due until April,” she said.

“If it’s the case that the charge doesn’t ultimately proceed, he would have served a minimum of eight months prior to any sentence in relation to these manners.”

Police are investigating after a pistol and ammunition were found at the scene of a single-vehicle crash involving a 1992 Toyota HiLux on the Warrego Highway west of Oakey about 9.20pm on August 15, 2024. Picture: Supplied

She argued conditions such as frequent reporting to police and drug monitoring could sufficiently reduce any risk of reoffending.

Police prosecutor Nick Pratt conceded the charges were speculatory at this stage but countered police were trained to identify such items.

“The weapon is consistent with a category H revolver, coloured black and damaged,” he said.

“Police officers undergo firearms training; it would be, I would submit, something they would be quite confident of – to distinguish between a category H actual revolver as opposed to a gel blaster.”

Mr Pratt clarified it was unknown yet when the weapons certificate would be completed and it was in fact the drug analysis certificate that would be available in April next year.

Magistrate Mark Howden awarded bail on the condition Mr MacDonald report to police three times a week and reside at his bail address in Logan.

“Taking into account the time he has been in custody, the delay in the matter and the conditions I could impose I think the risk of committing further offences can be sufficiently reduced,” he said.

Mr MacDonald will return to Toowoomba Magistrates Court on April 24, 2025 for mention.